SB 438 — relative to access to the centralized voter registration database on election days.

CHAPTER 249 SB 438 - VERSIONFINAL ADOPTEDVERSION BY BOTH BODIES 03/05/2026 0773s 14May2026...

Election Law and Municipal Affairs ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill requires the secretary of state,state town,and town and city clerks to ensure that each polling place in the state has access to the statewide centralized voter registration database on each state, local, and federal election day during the operating hours of that polling place.

CHAPTER 249 SB 438 - VERSIONFINAL ADOPTEDVERSION BY BOTH BODIES 03/05/2026 0773s 14May2026...

1249:1 Department of State;

  2249:2 Centralized Voter Registration Database.

I.(a)I.(a)The The secretary of state [is authorized to] shall plan, develop, equip, establish, site, and maintain a statewide centralized voter registration database and communications system, hereinafter referred to as the voter database, connecting users throughout the state.

The supervisor of the checklist shall notify the secretary of state of the result of such review, and should the records show that a single individual may have voted more SB 438 - VERSION ADOPTED BY BOTH BODIES - Page 2 - than once in any election such information shall be forwarded to the attorney general for further investigation or prosecution.

The secretary of state may CHAPTER 249 SB 438 - FINAL VERSION - Page 2 - authorize additional database access points in a town or city, including election day access points at polling places during the operational hours of the polling place.

For this purpose the voter registration record database [may] shall be linked to the state agency or division charged with maintaining vital records and the department of safety, provided that no linked agency or division may save or retain voter information or use it for purposes other than verifying the accuracy of the information to be entered or contained in the voter database.database.The link authorized by this subparagraph shall not allow the department of state or election officials direct access to the motor vehicle registration or driver's license records maintained by the division of motor vehicles;

Theprovided linkthat authorizedsuch bylink this subparagraph shall notauthorize allow the department of state orto electionidentify officialsvoter directrecords accesswith toout-of-state driver's license information where the motorrecord vehiclecannot registrationbe ormatched to an in-state driver's license recordsobtained maintainedwithin by the divisiondeadline ofprovided motorin vehicles;RSA 263:35.

provided that such link shall authorize the department of state to identify voter records with out-of- state driver's license information where the record cannot be matched to an in-state driver's license obtained within the deadline provided in RSA 263:35.

The commissioner of safety [may authorize the release of] shall provide, via a secure electronic transmission, information from motor vehicle registration and driver's license records to the extent that the information is necessary to department of state and department of safety cooperation in a joint notification to individuals of apparent discrepancies in their records to the SB 438 - VERSION ADOPTED BY BOTH BODIES - Page 3 - extent that the information is necessary to resolve those discrepancies or to complete voter registration.

[The department of safety shall not be required to provide any services under this subparagraph unless an agreement is in place and there are sufficient funds in the election fund to pay the cost for the services.] The system shall facilitate the completion, identification, and correction of voter registration records, including but not limited to when a registered voter has died or has been disenfranchised pursuant to part I, article 11 of the New Hampshire constitution or RSA 654:5 through RSA 654:6, or when the domicile address does not match CHAPTER 249 SB 438 - FINAL VERSION - Page 3 - the address provided by the same individual to the department of safety or to verify citizenship for voter registration.

The voter database shall be private and confidential and shall not be subject to RSA 91-91-A A and RSA 654:31, nor shall it or any of the information contained therein be disclosed pursuant to a subpoena or civil litigation discovery request.

 AnyAny person who discloses information from the voter database in any manner not authorized by this section shall be guilty of a misdemeanor.

The city and town clerk shall enter, maintain, and keep up to date election official contact information and polling place information as determined by the secretary of state in the SB 438 - VERSION ADOPTED BY BOTH BODIES - Page 4 - statewide centralized voter registration database for use by the secretary of state in effecting election laws.

The secretary of state shall only provide information that is necessary for matching duplicate voter information with other states and shall take precautions to make sure that information in the database is secure in a manner consistent with RSA 654:45,654:4TheVI. VI.

The secretary of state [may] shall solicit input from the department of safety and the department of information technology and shall ensure that any information or data shared between the agencies that is of a confidential nature remains confidential.

If the investigation results in the inability to confirm the eligibility of a person or persons who voted, or there is reason to CHAPTER 249 SB 438 - FINAL VERSION - Page 4 - believe a person or persons voted who were not eligible, the secretary of state shall forward the results to the attorney general for further investigation or prosecution.

[Repealed.] 3249:3 New Paragraph;

  4249:4 Effective Date.

Approved:

July 02, 2026 Effective Date:

July 30, 2026